[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5921-S5925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6398. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

    DIVISION E--ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION 
                              IMPROVEMENT

     SEC. 1. SHORT TITLE, ETC.

       (a) Short Title.--This division may be cited as the 
     ``Electoral Count Reform and Presidential Transition 
     Improvement Act of 2022''.
       (b) Table of Contents.--The table of contents of this 
     division is as follows:

Sec. 1. Short title, etc.

                  TITLE I--ELECTORAL COUNT REFORM ACT

Sec. 101. Short title.
Sec. 102. Time for appointing electors.
Sec. 103. Clarification with respect to vacancies in electoral college.
Sec. 104. Certificate of ascertainment of appointment of electors.

[[Page S5922]]

Sec. 105. Duties of the Archivist.
Sec. 106. Meeting of electors.
Sec. 107. Transmission of certificates of votes.
Sec. 108. Failure of certificate of votes to reach recipients.
Sec. 109. Clarifications relating to counting electoral votes.
Sec. 110. Rules relating to joint meeting.
Sec. 111. Severability.

           TITLE II--PRESIDENTIAL TRANSITION IMPROVEMENT ACT

Sec. 201. Short title.
Sec. 202. Modifications to Presidential Transition Act of 1963.

                  TITLE I--ELECTORAL COUNT REFORM ACT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Electoral Count Reform Act 
     of 2022''.

     SEC. 102. TIME FOR APPOINTING ELECTORS.

       (a) In General.--Title 3, United States Code, is amended by 
     striking sections 1 and 2 and inserting the following:

     ``Sec. 1. Time of appointing electors

       ``The electors of President and Vice President shall be 
     appointed, in each State, on election day, in accordance with 
     the laws of the State enacted prior to election day.''.
       (b) Election Day.--Section 21 of title 3, United States 
     Code, is amended by redesignating subsections (a) and (b) as 
     paragraphs (2) and (3), respectively, and by inserting before 
     paragraph (2) (as so redesignated) the following:
       ``(1) `election day' means the Tuesday next after the first 
     Monday in November, in every fourth year succeeding every 
     election of a President and Vice President held in each 
     State, except, in the case of a State that appoints electors 
     by popular vote, if the State modifies the period of voting, 
     as necessitated by force majeure events that are 
     extraordinary and catastrophic, as provided under laws of the 
     State enacted prior to such day, `election day' shall include 
     the modified period of voting.''.
       (c) Conforming Amendment.--The table of contents for 
     chapter 1 of title 3, United States Code, is amended by 
     striking the item relating to section 1 and inserting the 
     following:

``1. Time of appointing electors.''.

     SEC. 103. CLARIFICATION WITH RESPECT TO VACANCIES IN 
                   ELECTORAL COLLEGE.

       Section 4 of title 3, United States Code, is amended by 
     inserting ``enacted prior to election day'' after ``by law''.

     SEC. 104. CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF 
                   ELECTORS.

       (a) Determination.--Section 5 of title 3, United States 
     Code, is amended to read as follows:

     ``Sec. 5. Certificate of ascertainment of appointment of 
       electors

       ``(a) In General.--
       ``(1) Certification.--Not later than the date that is 6 
     days before the time fixed for the meeting of the electors, 
     the executive of each State shall issue a certificate of 
     ascertainment of appointment of electors, under and in 
     pursuance of the laws of such State providing for such 
     appointment and ascertainment enacted prior to election day.
       ``(2) Form of certificate.--Each certificate of 
     ascertainment of appointment of electors shall--
       ``(A) set forth the names of the electors appointed and the 
     canvass or other determination under the laws of such State 
     of the number of votes given or cast for each person for 
     whose appointment any and all votes have been given or cast;
       ``(B) bear the seal of the State; and
       ``(C) contain at least one security feature, as determined 
     by the State, for purposes of verifying the authenticity of 
     such certificate.
       ``(b) Transmission.--It shall be the duty of the executive 
     of each State--
       ``(1) to transmit to the Archivist of the United States, 
     immediately after the issuance of the certificate of 
     ascertainment of appointment of electors and by the most 
     expeditious method available, such certificate of 
     ascertainment of appointment of electors; and
       ``(2) to transmit to the electors of such State, on or 
     before the day on which the electors are required to meet 
     under section 7, six duplicate-originals of the same 
     certificate.
       ``(c) Treatment of Certificate as Conclusive.--For purposes 
     of section 15:
       ``(1) In general.--
       ``(A) Initial certificate.--Except as provided in 
     subparagraph (B), the certificate of ascertainment of 
     appointment of electors issued pursuant to subsection (a)(1) 
     shall be treated as conclusive in Congress with respect to 
     the determination of electors appointed by the State.
       ``(B) Certificates issued pursuant to court orders.--Any 
     certificate of ascertainment of appointment of electors 
     required to be issued or revised by any State or Federal 
     judicial relief granted prior to the date of the meeting of 
     electors shall replace and supersede any other certificates 
     submitted pursuant to this section.
       ``(2) Determination of federal questions.--The 
     determination of Federal courts on questions arising under 
     the Constitution or laws of the United States with respect to 
     a certificate of ascertainment of appointment of electors 
     shall be conclusive in Congress.
       ``(d) Venue and Expedited Procedure.--
       ``(1) In general.--Any action brought by an aggrieved 
     candidate for President or Vice President that arises under 
     the Constitution or laws of the United States with respect to 
     the issuance of the certification required under section 
     (a)(1), or the transmission of such certification as required 
     under subsection (b), shall be subject to the following 
     rules:
       ``(A) Venue.--The venue for such action shall be the 
     Federal district court of the Federal district in which the 
     State capital is located.
       ``(B) 3-judge panel.--Such action shall be heard by a 
     district court of three judges, convened pursuant to section 
     2284 of title 28, United States Code, except that--
       ``(i) the court shall be comprised of two judges of the 
     circuit court of appeals in which the district court lies and 
     one judge of the district court in which the action is 
     brought; and
       ``(ii) section 2284(b)(2) of such title shall not apply.
       ``(C) Expedited procedure.--It shall be the duty of the 
     court to advance on the docket and to expedite to the 
     greatest possible extent the disposition of the action, 
     consistent with all other relevant deadlines established by 
     this chapter and the laws of the United States.
       ``(D) Appeals.--Notwithstanding section 1253 of title 28, 
     United States Code, the final judgment of the panel convened 
     under subparagraph (B) may be reviewed directly by the 
     Supreme Court, by writ of certiorari granted upon petition of 
     any party to the case, on an expedited basis, so that a final 
     order of the court on remand of the Supreme Court may occur 
     on or before the day before the time fixed for the meeting of 
     electors.
       ``(2) Rule of construction.--This subsection--
       ``(A) shall be construed solely to establish venue and 
     expedited procedures in any action brought by an aggrieved 
     candidate for President or Vice President as specified in 
     this subsection that arises under the Constitution or laws of 
     the United States; and
       ``(B) shall not be construed to preempt or displace any 
     existing State or Federal cause of action.''.
       (b) Executive of a State.--Section 21 of title 3, United 
     States Code, as amended by section 102(b), is amended by 
     striking paragraph (3) and inserting the following:
       ``(3) `executive' means, with respect to any State, the 
     Governor of the State (or, in the case of the District of 
     Columbia, the Mayor of the District of Columbia), except when 
     the laws or constitution of a State in effect as of election 
     day expressly require a different State executive to perform 
     the duties identified under this chapter.''.
       (c) Conforming Amendments.--
       (1) Section 9 of title 3, United States Code, is amended by 
     striking ``annex to each of the certificates one of the lists 
     of the electors'' and inserting ``annex to each of the 
     certificates of votes one of the certificates of 
     ascertainment of appointment of electors''.
       (2) The table of contents for chapter 1 of title 3, United 
     States Code, is amended by striking the items relating to 
     sections 5 inserting the following:

``5. Certificate of ascertainment of appointment of electors.''.

     SEC. 105. DUTIES OF THE ARCHIVIST.

       (a) In General.--Section 6 of title 3, United States Code, 
     is amended to read as follows:

     ``Sec. 6. Duties of Archivist

       ``The certificates of ascertainment of appointment of 
     electors received by the Archivist of the United States under 
     section 5 shall--
       ``(1) be preserved for one year;
       ``(2) be a part of the public records of such office; and
       ``(3) be open to public inspection.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 1 of title 3, United States Code, is amended by 
     striking the items relating to section 6 and inserting the 
     following:

``6. Duties of Archivist.''.

     SEC. 106. MEETING OF ELECTORS.

       (a) Time for Meeting.--Section 7 of title 3, United States 
     Code, is amended--
       (1) by striking ``Monday'' and inserting ``Tuesday''; and
       (2) by striking ``as the legislature of such State shall 
     direct'' and inserting ``in accordance with the laws of the 
     State enacted prior to election day''.
       (b) Clarification on Sealing of Certificates of Votes.--
     Section 10 of such title is amended by striking ``the 
     certificates so made by them'' and inserting ``the 
     certificates of votes so made by them, together with the 
     annexed certificates of ascertainment of appointment of 
     electors,''.

     SEC. 107. TRANSMISSION OF CERTIFICATES OF VOTES.

       (a) In General.--Section 11 of title 3, United States Code, 
     is amended to read as follows:

     ``Sec. 11. Transmission of certificates by electors

       ``The electors shall immediately transmit at the same time 
     and by the most expeditious method available the certificates 
     of votes so made by them, together with the annexed 
     certificates of ascertainment of appointment of electors, as 
     follows:
       ``(1) One set shall be sent to the President of the Senate 
     at the seat of government.
       ``(2) Two sets shall be sent to the chief election officer 
     of the State, one of which shall be held subject to the order 
     of the President of the Senate, the other to be preserved by 
     such official for one year and shall be a part of the public 
     records of such office and shall be open to public 
     inspection.

[[Page S5923]]

       ``(3) Two sets shall be sent to the Archivist of the United 
     States at the seat of government, one of which shall be held 
     subject to the order of the President of the Senate and the 
     other of which shall be preserved by the Archivist of the 
     United States for one year and shall be a part of the public 
     records of such office and shall be open to public 
     inspection.
       ``(4) One set shall be sent to the judge of the district in 
     which the electors shall have assembled.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 1 of title 3, United States Code, is amended by 
     striking the item relating to section 11 and inserting the 
     following:

``11. Transmission of certificates by electors.''.

     SEC. 108. FAILURE OF CERTIFICATE OF VOTES TO REACH 
                   RECIPIENTS.

       (a) In General.--Section 12 of title 3, United States Code, 
     is amended--
       (1) by inserting ``, after the meeting of the electors 
     shall have been held,'' after ``When'';
       (2) by striking ``in December, after the meeting of the 
     electors shall have been held,'' and inserting ``in 
     December,'';
       (3) by striking ``or, if he be absent'' and inserting ``or, 
     if the President of the Senate be absent'';
       (4) by striking ``secretary of State'' and insert ``chief 
     election officer of the State'';
       (5) by striking ``and list'';
       (6) by striking ``lodged with him'' and inserting ``lodged 
     with such officer'';
       (7) by striking ``his duty'' and inserting ``the duty of 
     such chief election officer of the State''; and
       (8) by striking ``by registered mail'' and inserting ``by 
     the most expeditious method available''.
       (b) Continued Failure.--Section 13 of title 3, United 
     States Code, is amended--
       (1) by inserting ``, after the meeting of the electors 
     shall have been held,'' after ``When'';
       (2) by striking ``in December, after the meeting of the 
     electors shall have been held,'' and inserting ``in 
     December,'';
       (3) by striking ``or, if he be absent'' and inserting ``or, 
     if the President of the Senate be absent''; and
       (4) by striking ``that list'' and inserting ``that 
     certificate''.
       (c) Elimination of Messenger's Penalty.--
       (1) In general.--Title 3, United States Code, is amended by 
     striking section 14.
       (2) Conforming amendment.--The table of contents for 
     chapter 1 of title 3, United States Code, is amended by 
     striking the item relating to section 14.

     SEC. 109. CLARIFICATIONS RELATING TO COUNTING ELECTORAL 
                   VOTES.

       (a) In General.--Section 15 of title 3, United States Code, 
     is amended to read as follows:

     ``Sec. 15. Counting electoral votes in Congress

       ``(a) In General.--Congress shall be in session on the 
     sixth day of January succeeding every meeting of the 
     electors. The Senate and House of Representatives shall meet 
     in the Hall of the House of Representatives at the hour of 1 
     o'clock in the afternoon on that day, and the President of 
     the Senate shall be their presiding officer.
       ``(b) Powers of the President of Senate.--
       ``(1) Ministerial in nature.--Except as otherwise provided 
     in this chapter, the role of the President of the Senate 
     while presiding over the joint meeting shall be limited to 
     performing solely ministerial duties.
       ``(2) Powers explicitly denied.--The President of the 
     Senate shall have no power to solely determine, accept, 
     reject, or otherwise adjudicate or resolve disputes over the 
     proper list of electors, the validity of electors, or the 
     votes of electors.
       ``(c) Appointment of Tellers.--At the joint meeting of the 
     Senate and House of Representatives described in subsection 
     (a), there shall be present two tellers previously appointed 
     on the part of the Senate and two tellers previously 
     appointed on the part of the House of Representatives by the 
     presiding officers of the respective chambers.
       ``(d) Procedure at Joint Meeting Generally.--
       ``(1) In general.--The President of the Senate shall--
       ``(A) open the certificates and papers purporting to be 
     certificates of the votes of electors appointed pursuant to a 
     certificate of ascertainment of appointment of electors 
     issued pursuant to section 5, in the alphabetical order of 
     the States, beginning with the letter A; and
       ``(B) upon opening any certificate, hand the certificate 
     and any accompanying papers to the tellers, who shall read 
     the same in the presence and hearing of the two Houses.
       ``(2) Action on certificate.--
       ``(A) In general.--Upon the reading of each certificate or 
     paper, the President of the Senate shall call for objections, 
     if any.
       ``(B) Requirements for objections.--
       ``(i) Objections.--No objection shall be in order unless 
     the objection--

       ``(I) is made in writing;
       ``(II) is signed by at least one-fifth of the Senators duly 
     chosen and sworn and one-fifth of the Members of the House of 
     Representatives duly chosen and sworn; and
       ``(III) states clearly and concisely, without argument, one 
     of the grounds listed under clause (ii).

       ``(ii) Grounds for objections.--The only grounds for 
     objections shall be as follows:

       ``(I) The electors of the State were not lawfully certified 
     under a certificate of ascertainment of appointment of 
     electors according to section 5(a)(1).
       ``(II) The vote of one or more electors has not been 
     regularly given.

       ``(C) Consideration of objections.--
       ``(i) In general.--When all objections so made to any vote 
     or paper from a State shall have been received and read, the 
     Senate shall thereupon withdraw, and such objections shall be 
     submitted to the Senate for its decision; and the Speaker of 
     the House of Representatives shall, in like manner, submit 
     such objections to the House of Representatives for its 
     decision.
       ``(ii) Determination.--No objection may be sustained unless 
     such objection is sustained by separate concurring votes of 
     each House.
       ``(D) Reconvening.--When the two Houses have voted, they 
     shall immediately again meet, and the presiding officer shall 
     then announce the decision of the questions submitted. No 
     votes or papers from any other State shall be acted upon 
     until the objections previously made to the votes or papers 
     from any State shall have been finally disposed of.
       ``(e) Rules for Tabulating Votes.--
       ``(1) Counting of votes.--
       ``(A) In general.--Except as provided in subparagraph (B)--
       ``(i) only the votes of electors who have been appointed 
     under a certificate of ascertainment of appointment of 
     electors issued pursuant to section 5, or who have legally 
     been appointed to fill a vacancy of any such elector pursuant 
     to section 4, may be counted; and
       ``(ii) no vote of an elector described in clause (i) which 
     has been regularly given shall be rejected.
       ``(B) Exception.--The vote of an elector who has been 
     appointed under a certificate of ascertainment of appointment 
     of electors issued pursuant to section 5 shall not be counted 
     if--
       ``(i) there is an objection which meets the requirements of 
     subsection (d)(2)(B)(i); and
       ``(ii) each House affirmatively sustains the objection as 
     valid.
       ``(2) Determination of majority.--If the number of electors 
     lawfully appointed by any State pursuant to a certificate of 
     ascertainment of appointment of electors that is issued under 
     section 5 is fewer than the number of electors to which the 
     State is entitled under section 3, or if an objection the 
     grounds for which are described in subsection 
     (d)(2)(B)(ii)(I) has been sustained, the total number of 
     electors appointed for the purpose of determining a majority 
     of the whole number of electors appointed as required by the 
     Twelfth Amendment to the Constitution shall be reduced by the 
     number of electors whom the State has failed to appoint or as 
     to whom the objection was sustained.
       ``(3) List of votes by tellers; declaration of winner.--The 
     tellers shall make a list of the votes as they shall appear 
     from the said certificates; and the votes having been 
     ascertained and counted according to the rules in this 
     subchapter provided, the result of the same shall be 
     delivered to the President of the Senate, who shall thereupon 
     announce the state of the vote, which announcement shall be 
     deemed a sufficient declaration of the persons, if any, 
     elected President and Vice President of the United States, 
     and, together with a list of the votes, be entered on the 
     Journals of the two Houses.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 1 of title 3, United States Code, is amended by 
     striking the item relating to section 15 and inserting the 
     following:

``15. Counting electoral votes in Congress.''.

     SEC. 110. RULES RELATING TO JOINT MEETING.

       (a) Limit of Debate in Each House.--Section 17 of title 3, 
     United States Code, is amended to read as follows:

     ``Sec. 17. Same; limit of debate in each House

       ``When the two Houses separate to decide upon an objection 
     pursuant to section 15(d)(2)(C)(i) that may have been made to 
     the counting of any electoral vote or votes from any State, 
     or other question arising in the matter--
       ``(1) all such objections and questions permitted with 
     respect to such State shall be considered at such time;
       ``(2) each Senator and Representative may speak to such 
     objections or questions five minutes, and not more than once;
       ``(3) the total time for debate for all such objections and 
     questions with respect to such State shall not exceed two 
     hours in each House; and
       ``(4) at the close of such debate, it shall be the duty of 
     the presiding officer of each House to put the objections and 
     questions to a vote without further debate.''.
       (b) Parliamentary Procedure.--Section 18 of title 3, United 
     States Code, is amended by inserting ``under section 
     15(d)(2)(C)(i)'' after ``motion to withdraw''.

     SEC. 111. SEVERABILITY.

       (a) In General.--Title 3, United States Code, is amended by 
     inserting after section 21 the following new section:

     ``Sec. 22. Severability

       ``If any provision of this chapter, or the application of a 
     provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of this chapter, and the 
     application of the provisions to any person or circumstance, 
     shall not be affected by the holding.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 1 of title 3, United

[[Page S5924]]

     States Code, is amended by adding at the end the following:

``22. Severability.''.

           TITLE II--PRESIDENTIAL TRANSITION IMPROVEMENT ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as ``Presidential Transition 
     Improvement Act''.

     SEC. 202. MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 
                   1963.

       (a) In General.--Section 3 of the Presidential Transition 
     Act of 1963 (3 U.S.C. 102 note) is amended by striking 
     subsection (c) and inserting the following:
       ``(c)(1) Apparent Successful Candidates.--
       ``(A) In general.--For purposes of this Act, the `apparent 
     successful candidate' for the office of President and Vice 
     President, respectively, shall be determined as follows:
       ``(i) If all but one eligible candidate for the office of 
     President and one eligible candidate for the office of Vice 
     President, respectively, concede the election, then the 
     candidate for each such office who has not conceded shall be 
     the apparent successful candidate for each such office.
       ``(ii) If, on the date that is 5 days after the date of the 
     election, more than one eligible candidate for the office of 
     President has not conceded the election, then each of the 
     remaining eligible candidates for such office and the office 
     of Vice President who have not conceded shall be treated as 
     the apparent successful candidates until such time as a 
     single candidate for the office of President is treated as 
     the apparent successful candidate pursuant to clause (iii) or 
     clause (iv).
       ``(iii) If a single candidate for the office of President 
     or Vice President is determined by the Administrator to meet 
     the qualifications under subparagraph (B), the Administrator 
     may determine that such candidate shall solely be treated as 
     the apparent successful candidate for that office until such 
     time as a single candidate for the office of President is 
     treated as the apparent successful candidate pursuant to 
     clause (iv).
       ``(iv) If a single candidate for the office of President or 
     Vice President is the apparent successful candidate for such 
     office under subparagraph (C), that candidate shall solely be 
     treated as the apparent successful candidate for that office.
       ``(B) Interim discretionary qualifications.--On or after 
     the date that is 5 days after the date of the election, the 
     Administrator may determine that a single candidate for the 
     office of President or Vice President shall be treated as the 
     sole apparent successful candidate for that office pursuant 
     to subparagraph (A)(iii) if it is substantially certain the 
     candidate will receive a majority of the pledged votes of 
     electors, based on consideration of the following factors:
       ``(i) The results of the election for such office in States 
     in which significant legal challenges that could alter the 
     outcome of the election in the State have been substantially 
     resolved, such that the outcome is substantially certain.
       ``(ii) The certified results of the election for such 
     office in States in which the certification is complete.
       ``(iii) The results of the election for such office in 
     States in which there is substantial certainty of an apparent 
     successful candidate based on the totality of the 
     circumstances.
       ``(C) Mandatory qualifications.--
       ``(i) In general.--Notwithstanding subparagraph (A) or (B), 
     a candidate shall be the sole apparent successful candidate 
     for the office of President or Vice President pursuant to 
     subparagraph (A)(iv) for purposes of this Act if--
       ``(I) the candidate receives a majority of pledged votes of 
     electors of such office based on certifications by States of 
     their final canvass, and the conclusion of any recounts, 
     legal actions, or administrative actions pertaining to the 
     results of the election for such office;
       ``(II) in the case where subclause (I) is not met, the 
     candidate receives a majority of votes of electors of such 
     office at the meeting and vote of electors under section 7 of 
     title 3, United States Code; or
       ``(III) in the case where neither subclause (I) or (II) is 
     met, the candidate is declared as the person elected to such 
     office at the joint session of Congress under section 15 of 
     title 3, United States Code.
       ``(ii) Clarification if state unable to certify election 
     results or appoints more than one slate of electors.--For 
     purposes of subclauses (I) and (II) of clause (i), if a State 
     is unable to certify its election results or a State appoints 
     more than one slate of electors, the votes of the electors of 
     such State shall not count towards meeting the qualifications 
     under such subclauses.
       ``(2) Period of Multiple Possible Apparent Successful 
     Candidates.--During any period in which there is more than 
     one possible apparent successful candidate for the office of 
     President--
       ``(A) the Administrator is authorized to provide, upon 
     request, to each remaining eligible candidate for such office 
     and the office of Vice President described in paragraph 
     (1)(A)(ii) access to services and facilities pursuant to this 
     Act;
       ``(B) the Administrator, in conjunction with the Federal 
     Transition Coordinator designated under section 4(c) and the 
     senior career employee of each agency and senior career 
     employee of each major component and subcomponent of each 
     agency designated under subsection (f)(1) to oversee and 
     implement the activities of the agency, component, or 
     subcomponent relating to the Presidential transition, shall 
     make efforts to ensure that each such candidate is provided 
     equal access to agency information and spaces as requested 
     pursuant to this Act;
       ``(C) the Administrator shall provide weekly reports to 
     Congress containing a brief summary of the status of funds 
     being distributed to such candidates under this Act, the 
     level of access to agency information and spaces provided to 
     such candidates, and the status of such candidates with 
     respect to meeting the qualifications to be the apparent 
     successful candidate for the office of President or Vice 
     President under subparagraph (B) or (C) of paragraph (1); and
       ``(D) if a single candidate for the office of President or 
     Vice President is treated as the apparent successful 
     candidate for such office pursuant to subparagraph (A)(iii) 
     or (A)(iv) of paragraph (1), not later than 24 hours after 
     such treatment is effective, the Administrator shall make 
     available to the public a written statement that such 
     candidate is treated as the sole apparent successful 
     candidate for such office for purposes of this Act, including 
     a description of the legal basis and reasons for such 
     treatment based on the qualifications under subparagraph (B) 
     or (C) of paragraph (1), as applicable.
       ``(3) Definition.--In this subsection, the term `eligible 
     candidate' has the meaning given that term in subsection 
     (h)(4).''.
       (b) Conforming Amendments.--The Presidential Transition Act 
     of 1963 (3 U.S.C. 102 note) is amended--
       (1) in section 3--
       (A) in the heading, by striking ``presidents-elect and 
     vice-presidents-elect'' and inserting ``apparent successful 
     candidates'';
       (B) in subsection (a)--
       (i) in the matter preceding paragraph (1)--

       (I) by striking ``each President-elect, each Vice-
     President-elect'' and inserting ``each apparent successful 
     candidate for the office of President and Vice President (as 
     determined by subsection (c))''; and
       (II) by striking ``the President-elect and Vice-President-
     elect'' and inserting ``each such candidate'';

       (ii) in paragraph (1)--

       (I) by striking ``the President-elect, the Vice-President-
     elect'' and inserting ``the apparent successful candidate''; 
     and
       (II) by striking ``the President-elect or Vice-President-
     elect'' and inserting ``the apparent successful candidate'';

       (iii) in paragraphs (2), (3), (4), and (5), by striking 
     ``the President-elect or Vice-President-elect'' each place it 
     appears and inserting ``the apparent successful candidate'';
       (iv) in paragraph (4)(B), by striking ``the President-
     elect, the Vice-President-elect, or the designee of the 
     President-elect or Vice-President-elect'' and inserting ``the 
     apparent successful candidate or their designee'';
       (v) in paragraph (8), in subparagraph (A)(v) and (B), by 
     striking ``the President-elect'' and inserting ``the apparent 
     successful candidate for the office of President''; and
       (vi) in paragraph (10)--

       (I) by striking ``any President-elect, Vice-President-
     elect, or eligible candidate'' and inserting ``any apparent 
     successful candidate or eligible candidate''; and
       (II) by striking ``the President-elect and Vice President-
     elect'' and inserting ``the apparent successful candidates'';

       (C) in subsection (b)--
       (i) in paragraph (1), by striking ``the President-elect or 
     Vice-President-elect, or after the inauguration of the 
     President-elect as President and the inauguration of the 
     Vice-President-elect as Vice President'' and inserting ``the 
     apparent successful candidates, or after the inauguration of 
     the apparent successful candidate for the office of President 
     as President and the inauguration of the apparent successful 
     candidate for the office of Vice President as Vice 
     President''; and
       (ii) in paragraph (2), by striking ``the President-elect, 
     Vice-President-elect'' and inserting ``the apparent 
     successful candidate'';
       (D) in subsection (d)--
       (i) in the first sentence, by striking ``Each President-
     elect'' and inserting ``Each apparent successful candidate 
     for the office of President''; and
       (ii) in the second sentence, by striking ``Each Vice-
     President-elect'' and inserting ``Each apparent successful 
     candidate for the office of Vice-President'';
       (E) in subsection (e)--
       (i) in the first sentence, by striking ``Each President-
     elect and Vice-President-elect'' and inserting ``Each 
     apparent successful candidate''; and
       (ii) in the second sentence, by striking ``any President-
     elect or Vice-President-elect may be made upon the basis of a 
     certificate by him or the assistant designated by him'' and 
     inserting ``any apparent successful candidate may be made 
     upon the basis of a certificate by the candidate or their 
     designee'';
       (F) in subsection (f)--
       (i) in paragraph (1), by striking ``The President-elect'' 
     and inserting ``Any apparent successful candidate for the 
     office of President''; and
       (ii) in paragraph (2), by striking ``inauguration of the 
     President-elect as President and the inauguration of the 
     Vice-President-elect as Vice President'' and inserting 
     ``inauguration of the apparent successful candidate for the 
     office of President as President and the inauguration of the 
     apparent successful candidate for the office of Vice 
     President as Vice President'';

[[Page S5925]]

       (G) in subsection (g), by striking ``In the case where the 
     President-elect is the incumbent President or in the case 
     where the Vice-President-elect is the incumbent Vice 
     President'' and inserting ``In the case where an apparent 
     successful candidate for the office of President is the 
     incumbent President or in the case where an apparent 
     successful candidate for the office of Vice President is the 
     incumbent Vice President'';
       (H) in subsection (h)--
       (i) in paragraph (2)(B)(iv), by striking ``the President-
     elect or Vice-President-elect'' and inserting ``an apparent 
     successful candidates''; and
       (ii) in paragraph (3)(B)(iii), by striking ``the President-
     elect or Vice-President-elect'' and inserting ``an apparent 
     successful candidates''; and
       (I) in subsection (i)(3)(C)--
       (i) in clause (i), by striking ``the inauguration of the 
     President-elect as President and the inauguration of the 
     Vice-President-elect as Vice President'' and inserting ``the 
     inauguration of the apparent successful candidate for the 
     office of President as President and the inauguration of the 
     apparent successful candidate for the office of Vice 
     President as Vice President''; and
       (ii) in clause (ii), by striking ``upon request of the 
     President-elect or the Vice-President-elect'' and inserting 
     ``upon request of the apparent successful candidate'';
       (2) in section 4--
       (A) in subsection (e)--
       (i) in paragraph (1)(B), by striking ``the President-elect 
     and Vice-President-elect'' and inserting ``the apparent 
     successful candidates (as determined by section 3(c))''; and
       (ii) in paragraph (4)(B), by striking ``the President-elect 
     is inaugurated'' and inserting ``the apparent successful 
     candidate for the office of President is inaugurated''; and
       (B) in subsection (g)--
       (i) in paragraph (3)(A), by striking ``the President-
     elect'' and inserting ``the apparent successful candidate for 
     the office of President''; and
       (ii) in paragraph (3)(B)(ii)(III), by striking ``the 
     President-elect'' and inserting ``the apparent successful 
     candidate for the office of President'';
       (3) in section 5, in the first sentence, by striking 
     ``Presidents-elect and Vice-Presidents-elect'' and inserting 
     ``apparent successful candidates (as determined by section 
     3(c))'';
       (4) in section 6--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by striking ``The President-elect and Vice-President-
     elect'' and inserting ``Each apparent successful candidate 
     (as determined by section 3(c))''; and
       (II) by striking ``the President-elect or Vice-President-
     elect'' and inserting ``the apparent successful candidate'';

       (ii) in paragraph (2), by striking ``The President-elect 
     and Vice-President-elect'' and inserting ``Each apparent 
     successful candidate''; and
       (iii) in paragraph (3)(A), by striking ``inauguration of 
     the President-elect as President and the Vice-President-elect 
     as Vice President'' and inserting ``inauguration of the 
     apparent successful candidate for the office of President as 
     President and the apparent successful candidate for the 
     office of Vice-President as Vice President'';
       (B) in subsection (b)(1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``The President-elect and Vice-President-elect'' and 
     inserting ``Each apparent successful candidate''; and
       (ii) in subparagraph (A), by striking ``the President-elect 
     or Vice-President-elect's'' and inserting ``the apparent 
     successful candidate's''; and
       (C) in subsection (c), by striking ``The President-elect 
     and Vice-President-elect'' and inserting ``Each apparent 
     successful candidate''; and
       (5) in section 7(a)(1), by striking ``the President-elect 
     and Vice President-elect'' and inserting ``the apparent 
     successful candidates''.
                                 ______